BILL NUMBER: AB 2097	CHAPTERED
	BILL TEXT

	CHAPTER  184
	FILED WITH SECRETARY OF STATE  AUGUST 25, 2016
	APPROVED BY GOVERNOR  AUGUST 25, 2016
	PASSED THE SENATE  AUGUST 11, 2016
	PASSED THE ASSEMBLY  MAY 19, 2016
	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Members Melendez, Gonzalez, and Gatto
   (Coauthor: Assembly Member Chau)

                        FEBRUARY 17, 2016

   An act to amend Section 56601 of, and to add Section 49076.7 to,
the Education Code, relating to pupil records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2097, Melendez. Pupil records: social security numbers.
   Existing law authorizes the Superintendent of Public Instruction,
in order to assist the state in evaluating the effectiveness of
special education programs, including transition and work experience
programs, to collect and utilize social security numbers of
individuals with exceptional needs as pupil identification numbers
beginning in the 1993-94 fiscal year and phased in over a 2-year
period. In a situation where a social security number is not
available, existing law requires the Superintendent to assign another
pupil identification number for purposes of evaluating special
education programs and related services.
   This bill would repeal that authorization and would instead
require the Superintendent, commencing with the 2017-18 fiscal year
and phased in over a 2-year period, to assign a pupil identification
number to individuals with exceptional needs for purposes of
evaluating special education programs and related services. The bill
would prohibit school districts, county offices of education, and
charter schools from collecting or soliciting social security numbers
or the last 4 digits of social security numbers from pupils or their
parents or guardians unless otherwise required to do so by state or
federal law, and would authorize the State Department of Education to
additionally prohibit the collection and solicitation of other
personally identifiable information, as recommended by the
Superintendent and approved by the State Board of Education.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49076.7 is added to the Education Code, to
read:
   49076.7.  (a) The Legislature finds and declares both of the
following:
   (1) Pupil data privacy is a priority because pupils are at risk
for identity theft when providing their social security numbers.
   (2) A technical brief titled "Data Stewardship: Managing
Personally Identifiable Information in Electronic Student Education
Records" published by the United States Department of Education
states that social security numbers are the single most misused piece
of information by criminals perpetrating identity thefts.
   (b) A school district, county office of education, or charter
school shall not collect or solicit social security numbers or the
last four digits of social security numbers from pupils or their
parents or guardians unless otherwise required to do so by state or
federal law.
   (c) The department may additionally prohibit the collection and
solicitation of other personally identifiable information, as
recommended by the Superintendent and approved by the state board.
  SEC. 2.  Section 56601 of the Education Code is amended to read:
   56601.  (a) Each special education local plan area shall submit to
the Superintendent at least annually information, in a form and
manner prescribed by the Superintendent and developed in consultation
with the special education local plan areas, in order for the
Superintendent to carry out the evaluation responsibilities pursuant
to Section 56602. This information shall include other statistical
data, program information, and fiscal information that the
Superintendent may require. The Superintendent shall use this
information to answer questions from the Legislature and other state
and federal agencies on program, policy, and fiscal issues of
statewide interest.
   (b) In order to assist the state in evaluating the effectiveness
of special education programs, including transition and work
experience programs, the Superintendent shall, commencing with the
2017-18 fiscal year and phased in over a two-year period, assign a
student identification number to individuals with exceptional needs
for purposes of evaluating special education programs and related
services. The Superintendent shall not disclose personally
identifiable, individual pupil records to any person, institution,
agency, or organization except as authorized by Section 1232g of
Title 20 of the United States Code and Part 99 of Title 34 of the
Code of Federal Regulations.